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Jharkhand High Court Rejects Appeal Filed After 397-Day Delay: “Law of limitation binds everybody, including the Government”

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Court’s Decision

In State of Jharkhand v. Chumnu Oraon & Ors., the Jharkhand High Court dismissed a Letters Patent Appeal (LPA) filed with a delay of 397 days against a judgment of the learned Single Judge in W.P.(S) No.3011 of 2020. The Court rejected the application for condonation of delay, finding no sufficient cause shown and noting the complete absence of urgency or diligence by the State. The appeal was consequently dismissed as time-barred.


Facts

The appeal arose from a judgment dated 21 August 2023, passed in a service matter involving the State and an employee. Instead of filing the appeal within the statutory 30-day limitation period, the State delayed filing the LPA by 397 days.

The explanation for delay, as presented in I.A. No.6083 of 2025, traced the file’s movement through multiple bureaucratic tiers—from the Deputy Director to the Advocate General—culminating in the appeal being filed only on 30 July 2024. Critically, the certified copy of the judgment was applied for only on 26 July 2024—almost a year after the judgment.


Issues

  1. Whether the State showed sufficient cause for condonation of a 397-day delay in filing the LPA?
  2. Whether procedural formalities and departmental movement of files can constitute “sufficient cause” under Section 5 of the Limitation Act?
  3. Whether the settled principles regarding government delay should be relaxed in this case?

Petitioner’s Arguments

The State argued:


Respondent’s Arguments

The respondents countered:


Analysis of the Law

The Court scrutinized the chronology of events:

The High Court held that there was no justification whatsoever for the delay in applying for the certified copy or in instituting the appeal.


Precedent Analysis

The Court relied heavily on the Supreme Court’s decision in:

The High Court found this decision squarely applicable, especially since the government had not even applied for the certified copy in time.


Court’s Reasoning

The Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Rajesh Shankar held:


Conclusion


Implications

This ruling:


Cases Referred and Their Relevance

Postmaster General v. Living Media India Ltd., (2012) 3 SCC 563
➤ Applied directly. The Supreme Court declined to condone delay due to government lethargy, holding law of limitation applies equally to all.

Also Read: Karnataka High Court Holds Court Fee on Amended Relief Must Be Paid as per Market Value on Date of Original Suit: “Amendment Relates Back, Fresh Valuation on Amendment Date is Legally Unsustainable”

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